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Guarantee And Collateral Agreement Template for England and Wales

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Key Requirements PROMPT example:

Guarantee And Collateral Agreement

"I need a Guarantee and Collateral Agreement for a parent company guaranteeing a £5M loan to its subsidiary, with security over the parent company's commercial property portfolio in Manchester and Leeds."

Document background
The Guarantee And Collateral Agreement is commonly used in financing transactions where additional security and support are required beyond the primary obligor's commitments. This document, governed by English and Welsh law, serves a dual purpose by establishing both guarantee obligations and security interests over specific assets. It is particularly relevant in corporate financing, acquisition financing, and other secured lending arrangements where lenders require both personal guarantees and asset-based security. The agreement typically includes detailed provisions on the nature and extent of the guarantee, the security package, enforcement mechanisms, and the interplay between different forms of security.
Suggested Sections

1. Parties: Identification of guarantor, beneficiary, and principal debtor

2. Background: Context of the guarantee and underlying obligations

3. Definitions: Key terms used throughout the agreement

4. Guarantee and Indemnity: Core guarantee obligations and indemnity provisions

5. Nature and Extent of Guarantee: Scope and limitations of the guarantee

6. Security and Collateral: Description of security interests and collateral arrangements

7. Representations and Warranties: Guarantor's confirmations regarding capacity and authority

8. Enforcement: Rights and procedures for enforcing the guarantee

Optional Sections

1. Additional Security Provisions: Specific provisions for complex security arrangements when multiple forms of security are involved

2. Intercreditor Provisions: Provisions governing multiple creditors when more than one creditor is involved in the transaction

3. Currency Provisions: Provisions for handling multiple currencies in cross-border transactions

Suggested Schedules

1. Schedule of Secured Obligations: List of obligations covered by the guarantee

2. Schedule of Security Assets: Detailed description of collateral assets

3. Form of Notice: Standard form notices for various purposes

4. Powers of Attorney: Form of power of attorney if required

5. Enforcement Procedures: Detailed procedures for enforcing security

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Industries

Law of Property Act 1925: Key legislation governing security interests and property rights in England and Wales, including requirements for creating legal charges and security interests in property

Financial Collateral Arrangements (No.2) Regulations 2003: Specific regulations governing financial collateral arrangements, including requirements for perfection and enforcement of security interests in financial collateral

Companies Act 2006: Primary legislation governing company law, including requirements for registration of company charges and corporate capacity/authority requirements

Statute of Frauds 1677: Historic legislation requiring guarantees to be made in writing and signed to be legally enforceable

Consumer Credit Act 1974: Legislation protecting consumer rights in credit arrangements, applicable when guarantors are individuals rather than companies

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, including limitations on exclusion clauses and unfair terms in guarantee agreements

Financial Services and Markets Act 2000: Regulatory framework for financial services in the UK, including provisions affecting security arrangements and financial collateral

Enterprise Act 2002: Legislation containing important provisions regarding the enforcement of security and insolvency proceedings

Common Law Contract Formation: Legal principles established through case law regarding the formation and validity of contracts, including offer, acceptance, and consideration

Equitable Principles: Principles developed in equity relating to security interests, including the creation and enforcement of equitable charges

FCA Regulations: Financial Conduct Authority regulations governing financial services and products, including requirements for regulated security arrangements

Anti-Money Laundering Regulations: Regulatory requirements for conducting due diligence and preventing money laundering in financial arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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